Rogers v. Maxwell

Assumpsit on a written promise in these words:

“November 4, 1845. Ten days after date I promise to pay John Maxwell one wagon which I got from him in a trade for a piece of land. William Rogers.”

The suit was commenced before a justice of the peace. Judgment in that Court for Rogers. On appeal to the Circuit Court Maxwell recovered. Rogers prosecutes this writ of error.

In the Circuit Court the cause of action was amended so as to allege the'value of the wagon to be 50 dollars.

After the amendment, a motion to dismiss for want of a sufficient cause of action, was overruled. There are two bills of…